Abdolhossain Motealleh v. Remax Tristar Realty Et Al.

This appeal arises from a complaint filed by Abdolhossain Motealleh (“Plaintiff”) entitled, “Petition for Criminal Conspiracy to Petition David Margulies for Representations.” The trial court dismissed the complaint upon the defendants’ Tennessee Rule of Civil Procedure 12.06(b) motion to dismiss for failing to state a claim upon which relief could be granted. Plaintiff appeals that decision. Due to profound deficiencies with Plaintiff’s brief, particularly his failure to comply with Rule 27(a)(4) and (7) of the Tennessee Rules of Appellate Procedure and Rule 6 of the Rules of the Court of Appeals of Tennessee in several material respects, Plaintiff has waived his right to an appeal. Accordingly, the judgment of the trial court is affirmed. The defendants, ReMax Tri Star Realty and Jarrod Cruz, (“Defendants”) contend this is a frivolous appeal and seek an award of damages pursuant to Tennessee Code Annotated § 27-1-122. Having determined that this appeal is devoid of merit, we find the appeal to be frivolous. Therefore, Defendants are entitled to recover their reasonable and necessary attorney’s fees and expenses incurred in defending this frivolous appeal. Accordingly, we remand this case to the trial court to make the appropriate award.